R.A. 8749 (Clean Air Act of the Philippines

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Transcript of R.A. 8749 (Clean Air Act of the Philippines

R.A. 8749 (Clean Air Act of the Philippines)General ProvisionsPrograms of the ActTitle and DefinitionRepublic Act No. 8749, otherwise known as the Philippine Clean Air Act, is a comprehensive air quality management policy and program which aims to achieve and maintain healthy air for all Filipinos.

Declaration of PrinciplesProtect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

Promote and protect the global environment while recognizing the primary responsibility of local government units to deal with environmental problems;

Recognize that the responsibility of cleaning the habitat and environment is primarily area-based;

Recognize that “polluters must pay”;

Recognize that a clean and healthy environment is for the good of all and should therefore be the concern of all.

Declaration of PoliciesThe State shall pursue a policy of balancing development and environmental protection. To achieve this end, the framework for sustainable development shall be pursued. It shall be the policy of the State to:a) Formulate a holistic national program of air pollution management that shall beimplemented by the government through proper delegation and effectivecoordination of functions and activities;b) Encourage cooperation and self-regulation among citizens and industries thoughthe application of market-based instruments;

Air Quality Monitoring and Information Networka) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department's monitoring stations;b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;

Integrated Air Quality Improvement Frameworkprescribe the emission reduction goals using permissible standards, control strategies and control measures to be undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective action, and environmental education and information. The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.

Airsheds

"Airshed" refers to areas with common weather or meteorological conditions and sources of air pollution which affect the interchange and diffusion of pollution in the surrounding atmosphere.Governing BoardsFormulate policies and standards subject to national laws;Prepare a common action plan;Coordinate its members;Submit and publish an annual Air Quality Status Report for their airshed.

What are covered by the Clean Air Act?

Mobile sources refer to vehicle like cars, trucks, buses, jeepneys, tricycles, motorcycles and vans.Stationary sources such as industrial firms and smokestacks of power plants, hotels and other establishments.Area sources refer to sources of emission other than the above. These include smoking, burning of garbage, and dust from construction, unpaved grounds, etc.

All stationary sources must comply with the National Emission Standards for Source Specific Air Pollutants (NESSAP) and National Ambient Air Quality Standards (NAAQS) and must secure their permit to operate, prior to operation.For new or modified sources, the Permit to Operate shall be converted to Authority to Construct.The Act also provides for the maintenance of attainment and non-attainment areas, in respective specifications as would be described shortly. Attainment areas are such where the existing ambient air quality complies with the National Ambient Air Quality Guideline Values.

Section 24. Pollution from Smoking. Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.

Recognition of Rightsa) The right to breathe clean air;b) The right to utilize and enjoy all natural resources according to the principle of sustainable development;c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision making process;d) The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;

f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;g) The right to bring action in court or quasi- judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition ofpenal sanctions against violators of environmental laws; andh) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.c) Focus primarily on pollution prevention rather than on control and provide for acomprehensive management program for air pollution;d) Promote public information and education to encourage the participation of aninformed and active public in air quality planning and monitoring; ande) Formulate and enforce a system of accountability for short and long-term adverseenvironmental impact of a project, program or activity. This shall include thesetting up of a funding or guarantee mechanism for clean-up and environmentalrehabilitation and compensation for personal damages.d) Recommendations for necessary executive and legislative action; ande) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.

Air Quality Monitoring and Information NetworkIntegrated Air Quality Improvement FrameworkAirshedsDesignation of Airsheds

The Secretary of the DENR, upon recommendation of the Environmental Management Bureau (EMB), will divide the country into different airsheds.

Airsheds are to be designated based on climate, weather, meteorology and topology, which affect the mixture and diffusion of pollutants in the air, share common interests or face similar development problems.

Management of AirshedsAirsheds are to be managed by multi-sectoral Governing Boards chaired by the Secretary of the DENR with representatives from the local governments concerned (province/city/municipality), the private sector, people’s organizations, NGOs and concerned government agencies.

Government Agencies involvedDepartment of Environment and Natural Resources (DENR) – act as overall of the lead agency; prepare a National Air Quality Status Report which shall be used as a basis in formulating the Integrated Air Quality Improvement Framework; issue rules and regulations in the implementation of the Act.Department of Transportation and Communication (DOTC) – in coordination with the DENR in case of industrial dischargers and the DOTC, in case of motor vehicles, shall, based on environmental techniques, design, impose on and collect regular emission fees from all said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be; implement the emission standards for motor vehicles.Department of Science and Technology ( DOST) – with the DENR, other agencies, private sector , the academe, non-government organizations and people’s organization, shall establish a National Research Development Program for the prevention and control of air pollution.Department of Trade and Industry (DTI) , DOST Local Government Units (LGUs) -together with the DENR shall develop an action plan for the control and management of air pollution from motor vehicles with the Integrated Air Quality Management Framework.

Philippine Nuclear Research Institute (PNRI) – with the DENR shall regulate all projects which will involve the use of atomic and/or nuclear energy, and will entail relaease of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport , production , storage and use of radioactive materials.

Support GroupsTo carry out the day-to-day work of the board, a nine-member Executive Committee is to be elected at large by the members of the Governing Board. Technical Working Groups are also to be formed to ensure broader participation of all stakeholders. The EMB will serve as the technical secretariat of each Governing Board.administered by the DENR, through the Bureau, as a special account in the National Treasury.established to finance containment, removal and clean up operations of the government in air pollution cases. guarantee restoration of ecosystems and rehabilitate areas affected by violations to the ACT, support research, enforcement and monitoring activities of the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.

Air Quality Management FundSources of AQMFAir emission charges from industries and motor vehicles; Fines and penalties for non-compliance with air pollution standards;Grants from both private sector and donor organization;Limited percentage (5 to 10%) of the proceeds of the Program Loan for the Metro Manila Air Quality Improvement Sector Development Program

Ensuring Good Air QualityThe National Ambient Air Quality Guideline Values, in order to protect health, safety and the general welfare, have been set in the law. These are to be routinely reviewed by the DENR, through EMB, in coordination with other concerned agencies and sectors.

What are the compliance mandates for mobile sources of air pollution?Exhaust emission standards for various mobile sources that are either in-use, new, rebuilt, and imported second hand have been set.All new motor vehicles classified under the Philippine National Standards 1891 are to be covered by a Certificate of Conformity (COC). The COC is to be issued by the DENR to the motor vehicle manufacturer, assembler or importer.

In-use motor vehicles will only be allowed renewal of their registration upon proof of compliance with emission standards through actual testing by the Motor Vehicle Inspection System (MVIS) of the DOTC/LTO, and authorized private emission testing centers.rebuilt motor vehicles or imported second hand will only be allowed registration or renewal of registration upon submission of a valid Certificate of Compliance to Emission Standards (CCES) issued by the DOTC. The CCES will only be issued if the exhaust emission standard for that specific motor vehicle is met, as verified by actual testing through the Motor Vehicle Inspection System (MVIS).

Penalties to smoke belching vehiclesSmoke belching vehicles on the road shall be subjected to emission testing by properly equipped enforcement teams from the DOTC/LTO or its duly deputized agents. Violators will be subject to the following fines/ penalties:1st offense- ONE THOUSAND PESOS (P1,000.00)2nd offense- THREE THOUSAND PESOS (P3,000.00)3rd offense- FIVE THOUSAND PESOS (P5,000.00) plus seminar on pollution management

For existing sources or those established prior to the effectivity date (November 25, 2000) of the Implementing Rules and Regulations in attainment areas, the following must be observed:Must comply with the NESSAP and the NAAQS, or submission of compliance program in case of non-compliance;May use emissions trading and/or averaging as part of compliance plan;Must comply within 18 months if found non-compliant;Must pay mass emission fees.

Fines and PenaltiesA fine of not more than 100,000 for everyday of violation shall be charged against the owner of a stationary source, until such time that standards have been met.

For gross violation, the penalty is imprisonment of not less than six years but not more than 10 years upon the discretion of the court. At the same time, the Pollution Adjudication Board (PAB) could close the firm through the issuance of a Cease and Desist Order.

There is gross violation of the law or its rules when any of the following occurs:Three or more specific offenses within a period of one yearThree or more offenses within three consecutive yearsBlatant disregard of the orders of the PAB, such as, but not limited to the breaking of seals, padlocks and other similar devices, or operating despite the existence of an order for closure, discontinuance or cessation of operation.Irreparable or grave damage to the environment as a consequence of any violation or omission of the provisions of the Act or its IRR.

Pollution From Other Sources/Area SourcesSection 25. Pollution from Other Mobile Sources:

The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Section 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC.

Smoking is banned in any of the following locationsinside a public buildingenclosed public places including public vehicles and other means of transportin any enclosed area outside of one’s private residence, private place of work; orany duly designated area which will be enclosed

The local government units are mandated to implement this provisions of the law

Penalty to violation of this provision is six months and one day to one year imprisonment, or a fine of ten thousand pesos